Terms & Privacy

Terms of Use

(1)      Introduction

These terms of use govern your use of our website; by using our website, you accept these terms of use in full.    If you disagree with these terms of use or any part of these terms of use, you must not use our website.

(2)      Licence to use website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website.  Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use. 

You must not:

(a)     republish material from this website (including republication on another website);

(b)     sell, rent or sub-license material from the website;

(c)     show any material from the website in public;

[(d)    reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;]

[(e)    edit or otherwise modify any material on the website; or]

[(f)    redistribute material from this website [except for content specifically and expressly made available for redistribution [(such as our newsletter)].]

(3)      Acceptable use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

(4)      Restricted access

We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.

If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. 

(5)      User generated content

In these terms of use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

(6)      Limited warranties

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

(7)      Limitations of liability

Nothing in these terms of use (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms of use, whether in contract, tort (including negligence) or otherwise, will be limited as follows:

(a)     to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;

(b)     we will not be liable for any consequential, indirect or special loss or damage;

(c)     we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;

(d)     we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;

(e)     our maximum liability in relation to any event or series of related events will be limited to £0.001

(8)      Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use[, or arising out of any claim that you have breached any provision of these terms of use].

(9)      Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

(10)    Variation

We may revise these terms of use from time-to-time.  Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website.  Please check this page regularly to ensure you are familiar with the current version.

(11)    Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use. 

(12)    Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(13)    Exclusion of third party rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party.  The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

(14)    Entire agreement

These terms of use [, together with our privacy policy,] constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

(15)    Law and jurisdiction

These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the [non-]exclusive jurisdiction of the courts of England and Wales.

(16)  Registrations and authorisations

(17)    Our details

The full name of the company is ID Graphic & Web Design

ID Graphic & Web Design is the trading name of Andrew Scott

You can contact us by email at: info@idgraphicdesign.com

 

This document declares the undertakings by ID Graphic & Web Design in relation to its handling of Your Data.

Contents

  1. Data Collection
  2. Data Security
  3. Data Use
  4. Data Disclosure
  5. Data Retention and Destruction
  6. Access by You to Your Personal Data
  7. Information about Data Handling Practices
  8. Handling of Enquiries, General Concerns and Complaints
  9. Enforcement
  10. Changes to These Privacy Undertakings
  11. Definitions

Data Collection
ID Graphic & Web Design undertakes to collect Your Data by means that are:

  1. fair;
  2. legal; and
  3. transparent.

If you visit ID Graphic & Web Design's web-site, your web-browser automatically discloses, and ID Graphic & Web Design's web-server automatically logs, the following information: the date and time, the IP address from which you issued the request, the type of browser and operating system you are using, the URL of any page that referred you to the page, the URL you requested, and whether your request was successful. This data may or may not be sufficient to identify you.
Any additional data that you provide, e.g. in a web-form, may also be logged. This data may or may not be sufficient to identify you.
Any additional data that your web-browser automatically provides may also be logged. This will be the case, for example, if your browser has previously been requested to store data on your computer in 'cookies' and submits them each time you request a web-page within a particular domain (such as ID Graphic & Web Design.com). This data may or may not be sufficient to identify you.
If you disclose personal data to ID Graphic & Web Design in conjunction with an identifier such as your name or your credit-card details, ID Graphic & Web Design will collect Your Data. Moreover, any data that becomes available to ID Graphic & Web Design through any of the means described in the preceding paragraphs may be able to be associated with that identifier, and hence become Your Data.
Subject to the qualifications immediately below, ID Graphic & Web Design undertakes to collect Your Data from you and not from other parties. This undertaking is qualified as follows:

  1. where ID Graphic & Web Design reasonably considers that the protection of its financial interests requires that it gather YourData from other sources, or from additional sources. This applies in particular where ID Graphic & Web Design has a lending exposure to you, and seeks information about your creditworthiness;
  2. where ID Graphic & Web Design reasonably considers that its capability to deliver quality services to you will be materially enhanced by gathering YourData from other sources. This applies in particular to consumer profile data.

Where ID Graphic & Web Design collects Your Data from sources other than you, it undertakes:

  1. to do so only by legal means;
  2. to do so only with your Consent; and
  3. to declare to you what sources it uses, and under what circumstances.

ID Graphic & Web Design undertakes to declare the purpose of collection in a manner which is clear and meaningful, and to avoid vague, highly inclusive statements such as 'to support our operations'.

Data Security
ID Graphic & Web Design undertakes to store Your Data in a manner that ensures security against unauthorised access, alteration or deletion, at a level commensurate with its sensitivity.
ID Graphic & Web Design undertakes to store Your Data only in jurisdictions where data protections are at least equivalent to those required under the OECD Guidelines.
ID Graphic & Web Design undertakes to transmit Your Data in a manner that ensures security against unauthorised access, alteration or deletion, at a level commensurate with its sensitivity.
ID Graphic & Web Design undertakes to implement appropriate measures to ensure security of Your Data against inappropriate behaviour by ID Graphic & Web Design's staff-members and contractors. These include:

  1. training for staff in relation to privacy;
  2. access control, to limit access to Your Data to those staff and contractors who have legitimate reasons to access it;
  3. particularly in the case of sensitive data, audit trails of accesses, including the identities of staff and contractors accessing the data;
  4. reminders to staff and contractors from time to time about the importance of data privacy, and the consequences of inappropriate behaviour;
  5. declaration of appropriately strong sanctions that are to be applied in the event of inappropriate behaviour
  6. clear communication of policies and sanctions; and
  7. processes to audit, to investigate and to impose sanctions.

Data Use
Use refers to the application of Your Data by any part of ID Graphic & Web Design, or any staff-member or contractor of ID Graphic & Web Design in the course of their work.
ID Graphic & Web Design undertakes to use Your Data only for:

  1. the purposes for which it was collected;
  2. such other purposes as are subsequently agreed between ID Graphic & Web Design and You;
  3. such additional purposes as may be required by law. In these circumstances, ID Graphic & Web Design will take any reasonable steps available to it to communicate to You that the use has occurred, unless it is precluded from doing so by law; and
  4. such additional purposes as are authorised by law (in particular to protect ID Graphic & Web Design's interests, e.g. if it believes on reasonable grounds that You have failed to fulfil your undertakings to ID Graphic & Web Design or have committed a breach of the criminal law).

ID Graphic & Web Design undertakes to use YourData only if it has demonstrable relevance to the particular use to which it is being put.
ID Graphic & Web Design undertakes to use YourData in such a manner as to take into account the possibility that it is not of sufficient quality for the purpose, e.g. because it is inaccurate, out-of-date, incomplete, or out-of-context.

Data Disclosure
Disclosure refers to making YourData available to any party other than ID Graphic & Web Design and You. The term disclosure may include many different conditions of data transfer, including selling, renting, trading, sharing and giving.
ID Graphic & Web Design undertakes to disclose Your Data only under the following circumstances:

  1. in the course of business being conducted between You and ID Graphic & Web Design, where disclosure is necessary to a contractor, such as a transport company. Where Your Data is disclosed in this way, ID Graphic & Web Design undertakes to exercise control over ID Graphic & Web Design's contractors to ensure that their actions are compliant with these Terms;
  2. in other circumstances that are directly implied by the purpose agreed between You and ID Graphic & Web Design at the time of data collection or subsequently. Where Your Data is disclosed in this way, ID Graphic & Web Design undertakes to exercise control over ID Graphic & Web Design's contractors to ensure that their actions are compliant with these Terms;
  3. with your consent, or at your request;
  4. where required by law, such as a provision of a statute, or a court order such as a search warrant or sub poena. In these circumstances, ID Graphic & Web Design will take any reasonable steps available to it to communicate to You that the disclosure has occurred, unless it is precluded from doing so by law;
  5. where permitted by law (e.g. the reporting of suspected breach of the criminal law to a law enforcement agency; and in an emergency, where ID Graphic & Web Design believes on reasonable grounds that the disclosure of YourData will materially assist in the protection of the life of health of some person), provided that ID Graphic & Web Design will apply due diligence to ensure that the exercise of the permission is justifiable.

In all cases, ID Graphic & Web Design undertakes to disclose only such of Your Data as is necessary in the particular circumstances.

Data Retention and Destruction
Subject to the qualifications immediately below, ID Graphic & Web Design undertakes:

  1. to retain Your Data only as long as is consistent with its purpose; and
  2. to destroy Your Data when its purpose has expired, and to do so in such a manner that Your Data is not subsequently capable of being recovered.

This undertaking is qualified as follows:

  1. Your Data may be retained in ID Graphic & Web Design's logs, backups and audit trails within short-term retention cycles that are devised to protect the company's operations. In such cases, Your Data will be destroyed in accordance with those cycles;
  2. Your Data may be retained beyond the expiry of its purpose if that is required by law, such as a provision of a statute, or a court order such as a search warrant or sub poena, or a warning by a law enforcement agency that delivery of a court order is imminent. In these circumstances, ID Graphic & Web Design:
    1. will take any reasonable steps available to it to communicate to You that Your Data is being retained, unless it is precluded from doing so by law; and
    2. will only retain Your Data while that provision is current, and will then destroy Your Data;
  3. Your Data may be retained beyond the expiry of its purpose if it is authorised by law (in particular to protect ID Graphic & Web Design's interests, e.g. if it believes on reasonable grounds that You have failed to fulfil your undertakings to ID Graphic & Web Design or have committed a breach of the criminal law). In these circumstances, ID Graphic & Web Design will only retain Your Data while that situation is current, and will then destroy Your Data.

Access by You to Your Personal Data
ID Graphic & Web Design undertakes to provide you with access to Your Data, subject to only such conditions and processes as are reasonable in the circumstances. In particular, ID Graphic & Web Design undertakes to enable access:

  1. conveniently;
  2. without unreasonable delay; and
  3. without cost.

ID Graphic & Web Design undertakes to establish and operate identity authentication protections for access to Your Data that are appropriate to its sensitivity, but practical. This may involve some inconvenience; for example, relatively straightforward procedures may be involved in order to provide you with access through a channel that you have previously registered with ID Graphic & Web Design (such as a particular email-address), but may impose more onerous procedures if you wish to use some other channel.
In the event that you dispute some aspect of Your Data, ID Graphic & Web Design undertakes to take reasonable steps in relation to the amendment, supplementation or deletion of Your Data.
You undertake:

  1. not to seek access for frivolous purposes, or unreasonably frequently;
  2. to accept that deletion of some data may not be consistent with the provision of particular services by ID Graphic & Web Design to you.

Information about Data-Handling Practices
ID Graphic & Web Design undertakes to make information available to you about the manner in which ID Graphic & Web Design handles your data:

  1. in general terms, in a readily accessible manner; and
  2. in more specific terms, on request.

Where Your Data is disclosed to a contractor, ID Graphic & Web Design undertakes to make information available to you on request about the manner in which ID Graphic & Web Design's contractors handle your data.
ID Graphic & Web Design undertakes to ensure that the information provided is meaningful, and addresses your concerns.
You undertake:

  1. not to seek such information for frivolous purposes, or unreasonably frequently; and
  2. to accept that the disclosure of excessive detail may harm the security of Your Data and ID Graphic & Web Design's business processes, and may harm ID Graphic & Web Design's commercial interests.

Handling of Enquiries, General Concerns and Complaints
If you have enquiries, general concerns, or complaints about these Terms, or about ID Graphic & Web Design's behaviour in relation to these Terms, you undertake:

  1. to communicate them in the first instance:
    1. to ID Graphic & Web Design only;
    2. in sufficient detail;
    3. through a channel made available by ID Graphic & Web Design for that purpose;

ID Graphic & Web Design undertakes:

  1. to provide one or more channels for communications to ID Graphic & Web Design, which are convenient to users;
  2. to promptly provide acknowledgement of the receipt of communications, including the provision of a copy of the communication, the date and time it was registered, and ID Graphic & Web Design's reference-code for the communication;
  3. to promptly provide a response to the communication, in an appropriate and meaningful manner.

You further undertake to not pursue ID Graphic & Web Design through any Regulator or the media:

  1. until and unless ID Graphic & Web Design has had a reasonable opportunity to respond to the initial communication; and
  2. while ID Graphic & Web Design and you remain are conducting a meaningful dialogue about the matter.

Changes to These Privacy Undertakings
ID Graphic & Web Design undertakes:

  1. not to materially change these Terms in a manner that reduces the protections for Your Data;
  2. to take all possible steps to prevent any company that acquires this company or any of its relevant assets from materially changing the Terms applicable to Your Data in a manner that reduces the protections for Your Data;
  3. where it is considering making changes to these Terms, or creating more specific Terms relating to specific services, to consult with appropriate representative and advocacy organisations;
  4. where it makes changes to these Terms, to ensure that the differences between successive versions are readily accessible;
  5. to maintain all prior versions of these Terms in such a manner that they are dated, and readily accessible.

Definitions
ID Graphic & Web Design means ID Graphic & Web Design Ltd.
Your Data means data that is capable of being associated with you, whether or not it includes an explicit identifier such as your name or customer number. In particular, it encompasses all data that ID Graphic & Web Design is capable of correlating with you, using such means as server-logs and cookie-contents.
Your Data does not refer to data that can no longer be associated with you. This includes aggregated data that does not and cannot identify the individuals whose data are included in the aggregation.
Consent means your concurrence with an action to be taken by ID Graphic & Web Design. Consent may be express or implicit, but in either case must be informed and freely-given.


     The completed website terms of use should be easily accessible on your website, preferably from every page.  Ideally, from a legal perspective, users should be asked to expressly agree to these terms (e.g. by clicking an “I agree” button).  This is rarely done in relation to general website terms of use.  If however users have to register to enter a restricted area of the website or to use functionality in the website, you should ensure that they accept the terms of use – e.g. by clicking “I accept” on an electronic version of the terms of use.  You should retain evidence of the acceptance of the terms by each user.

     This section should be included if your website or parts of your website have (or will in future have) restricted access – e.g. a password-protected area for members.

     This additional wording is useful, although users may think it unfair to demand an indemnity where liability has not been proven – and in many circumstances, for example in relation to consumers, it will probably not be enforceable.

     This provision is designed to exclude any rights a third party may have under the Contracts (Rights of Third Parties) Act 1999.

     If you collect personal data from users, you should have a privacy policy as well as terms of use.  You should also refer here to (for example) any terms of sale or terms of subscription which relate to your website.

     These terms of use have been drafted to comply with English law, and the governing law provision should not be changed without obtaining expert advice from a lawyer qualified in the appropriate jurisdiction.  (NB in some circumstances the courts will apply provisions of their local law, such as local competition law or consumer protection law, irrespective of a choice of law clause specifying that a different law applies.)   

     Choose “non-exclusive” jurisdiction if you may want to enforce the terms of use against users outside England and Wales.  Otherwise, choose “exclusive jurisdiction”.  (NB in some circumstances – particularly where you are contracting with a consumer - your jurisdiction clause may be overridden by the courts.)